DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s preliminary amendment filed on 05/23/2025 has been entered. Claims 2-21 are pending in this application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,828,569 (PAT’569). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 2 of APP’065,
Claim 2 of APP’065
Claim 1 of PAT’569
Additional Comments
A method for operating an illumination device for a firearm, the method comprising activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a first rotational direction from a neutral position to a first momentary position;
An illumination device for a firearm, the illumination device comprising: a housing supporting one or more lamps; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions,
wherein the actuator includes a pair of arms extending in respective directions from a central axis of rotation; and a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end and a second end, the second end including a shaped cam surface configured to interface with a cam follower;
deactivating the front lamp in response to the switch actuator returning to the neutral position from the first momentary position; activating the front lamp and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the first rotational direction through the first momentary position to a second momentary position; and \deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position.
wherein the first end of the cam is adjacent a plurality of switches configured to control respective states of the one or more lamps, such that selective rotation of the cam causes the first end of the cam to selectively operate one or more of the switches, depending on a rotational position of the cam; and
wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a neutral position, a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’569 discloses multiple positions to control the lamp
Table 1
Regarding claims 3-10 of APP’065, claims 1-10 of PAT’569 discloses the limitation of the claims 3-10 of APP’065.
Regarding claim 11 of APP’065,
Claim 11 of APP’065
Claim 1 of PAT’569
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting one or more lamps; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions,
wherein the actuator includes a pair of arms extending in respective directions from a central axis of rotation; and a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end and a second end, the second end including a shaped cam surface configured to interface with a cam follower;
activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a second rotational direction from a neutral position to a first toggle position; activating a pair of side lamps while maintaining activation of the front lamp, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the second rotational direction from the first toggle position to a second toggle position; and maintaining activation of the front lamp and the pair of side lamps while the switch actuator is in the second toggle position.
Wherein the first end of the cam is adjacent a plurality of switches configured to control respective states of the one or more lamps, such that selective rotation of the cam causes the first end of the cam to selectively operate one or more of the switches, depending on a rotational position of the cam; and
wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a neutral position, a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’569 discloses multiple positions to control the lamp
Table 2
Regarding claims 12-18 of APP’065, claims 1-10 of PAT’569 discloses the limitation of the claims 12-18 of APP’065.
Regarding claim 19 of APP’065,
Claim 19 of APP’065
Claim 1 of PAT’569
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting one or more lamps; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions,
wherein the actuator includes a pair of arms extending in respective directions from a central axis of rotation; and a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end and a second end, the second end including a shaped cam surface configured to interface with a cam follower;
activating a front lamp disposed on a first end of a housing of the illumination device and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to a switch actuator rotating in a first rotational direction from a neutral position through a first momentary position to a second momentary position; deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position; activating the front lamp and the pair of side lamps in response to the switch actuator rotating in a second rotational direction from the neutral position through a first toggle position to a second toggle position; and maintaining the front lamp and the pair of side lamps in an active state while the switch actuator is in the second toggle position.
wherein the first end of the cam is adjacent a plurality of switches configured to control respective states of the one or more lamps, such that selective rotation of the cam causes the first end of the cam to selectively operate one or more of the switches, depending on a rotational position of the cam; and
wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a neutral position, a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’569 discloses multiple positions to control the lamp
Table 3
Regarding claims 20-21 of APP’065, claims 11 and 14 of PAT’569 discloses the limitation of the claims 20-21 of APP’065.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,353,288 (PAT’288). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 2 of APP’065,
Claim 2 of APP’065
Claim 1 of PAT’288
Additional Comments
A method for operating an illumination device for a firearm, the method comprising activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a first rotational direction from a neutral position to a first momentary position;
An illumination device for a firearm, the illumination device comprising: a housing supporting a lamp; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
deactivating the front lamp in response to the switch actuator returning to the neutral position from the first momentary position; activating the front lamp and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the first rotational direction through the first momentary position to a second momentary position; and \deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the lamp, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’288 discloses multiple positions to control the lamp
Table 4
Regarding claims 3-10 of APP’065, claims 1-7 of PAT’288 discloses the limitation of the claims 3-10 of APP’065.
Regarding claim 11 of APP’065,
Claim 11 of APP’065
Claim 1 of PAT’288
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting a lamp; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a second rotational direction from a neutral position to a first toggle position; activating a pair of side lamps while maintaining activation of the front lamp, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the second rotational direction from the first toggle position to a second toggle position; and maintaining activation of the front lamp and the pair of side lamps while the switch actuator is in the second toggle position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the lamp, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’288 discloses multiple positions to control the lamp
Table 5
Regarding claims 12-18 of APP’065, claims 1-7 of PAT’288 discloses the limitation of the claims 12-18 of APP’065.
Regarding claim 19 of APP’065,
Claim 19 of APP’065
Claim 1 of PAT’288
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting a lamp; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
activating a front lamp disposed on a first end of a housing of the illumination device and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to a switch actuator rotating in a first rotational direction from a neutral position through a first momentary position to a second momentary position; deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position; activating the front lamp and the pair of side lamps in response to the switch actuator rotating in a second rotational direction from the neutral position through a first toggle position to a second toggle position; and maintaining the front lamp and the pair of side lamps in an active state while the switch actuator is in the second toggle position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the lamp, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a toggle position disposed on the cam in the first rotational direction from the neutral position, and a momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’288 discloses multiple positions to control the lamp
Table 6
Regarding claims 20-21 of APP’065, claims 1 and 7 of PAT’288 discloses the limitation of the claims 20-21 of APP’065.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,962,327 (PAT’327). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 2 of APP’065,
Claim 2 of APP’065
Claim 1 of PAT’327
Additional Comments
A method for operating an illumination device for a firearm, the method comprising activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a first rotational direction from a neutral position to a first momentary position;
An illumination device for a firearm, the illumination device comprising: a housing supporting a front lamp disposed on a front end of the housing, a first side lamp disposed on a first lateral side of the housing, and a second side lamp disposed on a second lateral side of the housing; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
deactivating the front lamp in response to the switch actuator returning to the neutral position from the first momentary position; activating the front lamp and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the first rotational direction through the first momentary position to a second momentary position; and \deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the front lamp and the side lamps, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a first toggle position and a second toggle position disposed on the cam in the first rotational direction from the neutral position, and a first momentary position and a second momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’327 discloses multiple positions to control the lamp
Table 7
Regarding claims 3-10 of APP’065, claims 1-15 of PAT’327 discloses the limitation of the claims 3-10 of APP’065.
Regarding claim 11 of APP’065,
Claim 11 of APP’065
Claim 1 of PAT’327
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting a front lamp disposed on a front end of the housing, a first side lamp disposed on a first lateral side of the housing, and a second side lamp disposed on a second lateral side of the housing; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
activating a front lamp disposed on a first end of a housing of the illumination device in response to a switch actuator of the device rotating in a second rotational direction from a neutral position to a first toggle position; activating a pair of side lamps while maintaining activation of the front lamp, each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator rotating in the second rotational direction from the first toggle position to a second toggle position; and maintaining activation of the front lamp and the pair of side lamps while the switch actuator is in the second toggle position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the front lamp and the side lamps, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a first toggle position and a second toggle position disposed on the cam in the first rotational direction from the neutral position, and a first momentary position and a second momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’327 discloses multiple positions to control the lamp
Table 8
Regarding claims 12-18 of APP’065, claims 1-15 of PAT’327 discloses the limitation of the claims 12-18 of APP’065.
Regarding claim 19 of APP’065,
Claim 19 of APP’065
Claim 1 of PAT’327
Additional Comments
A method for operating an illumination device for a firearm, the method comprising:
An illumination device for a firearm, the illumination device comprising: a housing supporting a front lamp disposed on a front end of the housing, a first side lamp disposed on a first lateral side of the housing, and a second side lamp disposed on a second lateral side of the housing; a clamp coupled to the housing and configured to mount the device to a firearm; a switch actuator rotationally coupled to a rear end of the housing, such that the actuator is manipulable in first and second rotational directions, the actuator extending transversely across a rear end of the housing; and
a cam coupled to the switch actuator, such that the cam rotates with the actuator, the cam having a first end including a magnet and a second end having a shaped cam surface configured to interface with a cam follower, wherein the actuator and the cam are biased toward a neutral position;
activating a front lamp disposed on a first end of a housing of the illumination device and a pair of side lamps, each of the side lamps being disposed on a respective lateral side of the housing, in response to a switch actuator rotating in a first rotational direction from a neutral position through a first momentary position to a second momentary position; deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position; activating the front lamp and the pair of side lamps in response to the switch actuator rotating in a second rotational direction from the neutral position through a first toggle position to a second toggle position; and maintaining the front lamp and the pair of side lamps in an active state while the switch actuator is in the second toggle position.
wherein the first end of the cam is adjacent a plurality of magnetic switches configured to control respective states of the front lamp and the side lamps, such that selective rotation of the cam causes the magnet of the cam to operate one or more of the magnetic switches; and wherein the shaped cam surface is configured to interact with the cam follower such that the cam is transitionable between a plurality of discrete positions including a first toggle position and a second toggle position disposed on the cam in the first rotational direction from the neutral position, and a first momentary position and a second momentary position disposed on the cam in the second rotational direction from the neutral position.
Both APP’065 and PAT’327 discloses multiple positions to control the lamp
Table 9
Regarding claims 20-21 of APP’065, claims 1 and 15 of PAT’327 discloses the limitation of the claims 20-21 of APP’065.
Claim Objections
Claims 2 and 11 are objected to because of the following informalities:
Claim 2, line 4: “the device” should be -- the illumination device --
Claim 11, line 3: “the device” should be -- the illumination device --
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083), and in view of MATTHEWS (US 2010/0164401).
Regarding claim 2, REED discloses a method for operating an illumination device for a firearm, the method comprising
activating a front lamp (13, Fig.5) disposed on a first end of a housing (2, Fig.5) of the illumination device (1, Fig.5) in response to a switch actuator (32, Fig.5) of the illumination device from a neutral position to a first momentary position (as seen in col.4, lines 50-56, the switch actuator 32 activates the front lamp 13 from the neutral position [off] to the first momentary position [on]);
deactivating the front lamp in response to the switch actuator returning to the neutral position from the first momentary position (as seen in col.4, lines 50-56, the switch actuator 32 deactivates the front lamp 13 from the first momentary position [on] to the neutral position [off]);
activating a pair of side lamps (26, Fig.5), each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator to a second momentary position (as seen in col.4, lines 50-56, the switch actuator 32 activates the side lamps 26 to the second momentary position [on]); and
deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position (as seen in col.4, lines 50-56, the switch actuator 32 deactivates the front lamp 13 and the side lamp 13 in the neutral position [off]);
REED fails to disclose activating a front lamp… in response to a switch actuator rotating in a first rotational direction, and activating the front lamp and a pair of side lamps… in response to the switch actuator rotating in the first rotational direction through the first momentary position to a second momentary position.
However, MATTHEWS discloses activating a lamp in response to a switch actuator (110, Fig.3C) rotating in a first rotational direction (as seen in para[0038], the switch actuator 110 is rotated clockwise to a first momentary position 124 to activate a lamp), and activating another lamp in response to the switch actuator rotating in the first rotational direction through the first momentary position to a second momentary position (as seen in Fig.3c and para[0038], the switch actuator 110 continues to rotate clockwise to a second momentary position 126 to activate another lamp).
Therefore, in view of MATTHEWS, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a switch actuator rotating in a first rotational direction as taught by MATTHEWS to the switch actuator of REED in order to provide an alternative switch actuator by rotation.
Regarding “activating the front lamp and a pair of side lamps”, as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and the pair of side lamps 26 in any desired pattern or sequence. It is well within one of ordinary skill in the art to provide different momentary positions for different lighting patterns. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate activating the front lamp and a pair of side lamps to the illumination device of REED modified by MATTHEWS in order to provide different lighting patterns.
Regarding claim 3, REED modified by MATTHEWS as discussed above for claim 2 further discloses activating the front lamp in response to the switch actuator rotating in the first rotational direction from the neutral position to the first momentary position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 from the neutral position [off] to the first momentary position [on]; as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated clockwise to a first momentary position 124);
activating the pair of side lamps in response to the switch actuator rotating in the first rotational direction from the first momentary position to the second momentary position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the side lamps 26 to the second momentary position [on]; as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated clockwise to the first momentary position 124 to the second momentary position 126); and
deactivating the pair of side lamps in response to the switch actuator returning to the first momentary position from the second momentary position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 deactivates the side lamps 26; as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated counterclockwise from the second momentary position 126 to the first momentary position 124).
Regarding claim 11, REED discloses a method for operating an illumination device for a firearm, the method comprising
activating a front lamp (13, Fig.5) disposed on a first end of a housing (2, Fig.5) of the illumination device in response to a switch actuator (32, Fig.5) of the illumination device from a neutral position to a first toggle position (as seen in col.4, lines 50-56, the switch actuator 32 activates the front lamp 13 from the neutral position [off] to the first toggle position [on]);
activating a pair of side lamps (26, Fig.5), each of the side lamps being disposed on a respective lateral side of the housing, in response to the switch actuator from the first toggle position to a second toggle position (as seen in col.4, lines 50-56, the switch actuator 32 activates the side lamps 26 to the second toggle position [on]).
REED fails to disclose activating a front lamp… in response to a switch actuator rotating in a second rotational direction, activating a pair of side lamps while maintaining activation of the front lamp… in response to the switch actuator rotating in the second rotational direction from the first toggle position to a second toggle position, and maintaining activation of the front lamp and the pair of side lamps while the switch actuator is in the second toggle position.
However, MATTHEWS discloses activating a lamp in response to a switch actuator (110, Fig.3C) rotating in a second rotational direction (as seen in para[0038], the switch actuator 110 is rotated clockwise to a first toggle position 124 to activate a lamp), and activating another lamp in response to the switch actuator rotating in the second rotational direction from the first toggle position to a second toggle position (as seen in Fig.3c and para[0038], the switch actuator 110 continues to rotate clockwise to a second toggle position 126 to activate another lamp).
Therefore, in view of MATTHEWS, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a switch actuator rotating in a first second direction as taught by MATTHEWS to the switch actuator of REED in order to provide an alternative switch actuator by rotation.
Regarding “activating a pair of side lamps while maintaining activation of the front lamp” and “maintaining activation of the front lamp and the pair of side lamps while the switch actuator is in the second toggle position”, as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and the pair of side lamps 26 in any desired pattern or sequence. It is well within one of ordinary skill in the art to provide different momentary positions for different lighting patterns. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate activating the front lamp and a pair of side lamps to the illumination device of REED modified by MATTHEWS in order to provide different lighting patterns.
Regarding claim 12, REED modified by MATTHEWS as discussed above for claim 11 further discloses deactivating the pair of side lamps while maintaining the front lamp in the active state in response to the switch actuator rotating in a first rotational direction from the second toggle position to the first toggle position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and deactivates the side lamps 26 from the second toggle position to the first toggle position; as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated counterclockwise from the second toggle position to the first toggle position); and
deactivating the front lamp in response to the switch actuator rotating in the first rotational direction from the first toggle position to the neutral position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 deactivates the front lamp 13 from the neutral position [off] to the first momentary position [on]; as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated counterclockwise from the first toggle position to the neutral position [off]).
Regarding claim 13, REED modified by MATTHEWS as discussed above for claim 12 further discloses activating the front lamp and the pair of side lamps in response to the switch actuator rotating in the second rotational direction from the neutral position through the first toggle position to the second toggle position (as seen in para[0038] of MATTHEWS, the switch actuator 110 is rotated clockwise from the neutral position [off] through the first toggle position 124 to the second toggle position 126); and
maintaining the front lamp and the pair of side lamps in the active state while the switch actuator is in the second toggle position.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083) modified by MATTHEWS (US 2010/0164401), and in view of CONNOR (US 2017/0268849).
Regarding claim 4, REED modified by MATTHEWS fails to disclose wherein returning the switch actuator to the neutral position is aided by a biasing member.
However, CONNOR discloses returning a switch actuator (54, Fig.5) to a neutral position is aided by a biasing member (as seen in para[0043], the biasing member [such as the spring] returns the switch actuator 54 to the neutral position).
Therefore, in view of CONNOR, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a biasing member as taught by CONNOR to the switch actuator of REED modified by MATTHEWS in order to return the switch actuator to the neutral position.
Regarding claim 5, REED modified by MATTHEWS and CONNOR as discussed above for claim 4 further discloses wherein the biasing member comprises a coil spring (para[0043] of CONNOR).
Regarding claim 6, REED modified by MATTHEWS fails to disclose wherein the switch actuator extends transversely across a second end of the housing.
However, CONNOR discloses a switch actuator (54, Fig.5) extends transversely across a second end of a housing (32, Fig.5).
Therefore, in view of CONNOR, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a switch actuator extends transversely across a second end of a housing as taught by CONNOR to the switch actuator of REED modified by MATTHEWS in order to alternative position on the housing.
Claims 7-8 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083) modified by MATTHEWS (US 2010/0164401), and in view of SHARRAH (US 7,534,975).
Regarding claim 7, REED modified by MATTHEWS fails to disclose wherein rotating the switch actuator in the first rotational direction rotates a cam coupled to the switch actuator.
However, SHARRAH discloses a switch actuator (110, Figs.2 and 4) including a cam (114, Fig.4) and a cam follower (112, 133, Fig.4), and rotating the switch actuator in a first rotational direction rotates a cam coupled to the switch actuator.
Therefore, in view of SHARRAH, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a cam and a cam follower as taught by SHARRAH to the switch actuator of REED modified by MATTHEWS in order to provide typical mechanical features to rotate the switch actuator.
Regarding claim 8, REED modified by MATTHEWS and SHARRAH as discussed above for claim 7 further discloses wherein rotating the switch actuator to the first momentary position comprises the cam interacting with a cam follower (as seen in Figs.2 and 4 of SHARRAH, the switch actuator 110 has the cam 114 interacting with the cam follower 112, 113).
Regarding claim 14, REED modified by MATTHEWS fails to disclose wherein rotating the switch actuator in the second rotational direction rotates a cam coupled to the switch actuator.
However, SHARRAH discloses a switch actuator (110, Figs.2 and 4) including a cam (114, Fig.4) and a cam follower (112, 133, Fig.4), and rotating the switch actuator in a first second rotational direction rotates a cam coupled to the switch actuator.
Therefore, in view of SHARRAH, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a cam and a cam follower as taught by SHARRAH to the switch actuator of REED modified by MATTHEWS in order to provide typical mechanical features to rotate the switch actuator.
Regarding claim 15, REED modified by MATTHEWS and SHARRAH as discussed above for claim 14 further discloses wherein the first toggle position comprises an interaction between the cam and a cam follower (as seen in Figs.2 and 4 of SHARRAH, the switch actuator 110 has the cam 114 interacting with the cam follower 112, 113).
Regarding claim 16, REED modified by MATTHEWS and SHARRAH as discussed above for claim 15 further discloses wherein the front lamp is maintained in the active state at least in part due to a shaped surface of the cam (as seen in Figs.2 and 4 of SHARRAH, since the switch actuator 110 [including the cam 114] activates a lamp, the shape of the cam 114 was considered to be contribute to the function of activation).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083) modified by MATTHEWS (US 2010/0164401) and SHARRAH (US 7,534,975), and in view of PREAUX (US 2011/0025437).
Regarding claim 9, REED modified by MATTHEWS and SHARRAH fails to disclose wherein activating the front lamp is caused by a magnet on the cam activating a magnetic switch.
However, PREAUX discloses a magnet (310, Fig.3A) activating a magnetic switch (322, Fig.3A).
Therefore, in view of PREAUX, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnetic activating a magnetic switch as taught by PREAUX to the cam of REED modified by MATTHEWS and SHARRAH in order to provide a magnetic switch mechanism.
Regarding claim 17, REED modified by MATTHEWS and SHARRAH fails to disclose wherein activating the front lamp is caused by a magnet on the cam activating a magnetic switch.
However, PREAUX discloses a magnet (310, Fig.3A) activating a magnetic switch (322, Fig.3A).
Therefore, in view of PREAUX, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnetic activating a magnetic switch as taught by PREAUX to the cam of REED modified by MATTHEWS and SHARRAH in order to provide a magnetic switch mechanism.
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083) modified by MATTHEWS (US 2010/0164401), and in view of JACKSON (US 2015/0262769).
Regarding claim 10, REED modified by MATTHEWS fails to disclose providing haptic feedback in response to the switch actuator rotating to the first momentary position.
However, JACKSON discloses providing haptic feedback in response to a switch actuator rotating to a first momentary position (as seen in para[0043], the switch actuator 208 is rotated with haptic feedback).
Therefore, in view of JACKSON, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate haptic feedback as taught by JACKSON to the switch actuator of REED modified by MATTHEWS in order to provide feedback to the user of operating the switch actuator.
Regarding claim 18, REED modified by MATTHEWS fails to disclose providing haptic feedback in response to the switch actuator rotating to the first toggle position.
However, JACKSON discloses providing haptic feedback in response to a switch actuator rotating to a first toggle position (as seen in para[0043], the switch actuator 208 is rotated with haptic feedback).
Therefore, in view of JACKSON, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate haptic feedback as taught by JACKSON to the switch actuator of REED modified by MATTHEWS in order to provide feedback to the user of operating the switch actuator.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083), and in view of CONNOR (US 2017/0268849).
Regarding claim 19, REED discloses a method for operating an illumination device for a firearm, the method comprising
activating a front lamp (13, Fig.5) disposed on a first end of a housing (2, Fig.5) of the illumination device and a pair of side lamps (26, Fig.5), each of the side lamps being disposed on a respective lateral side of the housing, a switch actuator (32, Fig.5) from a neutral position, a first momentary position, and a second momentary position (as seen in col.4, lines 50-56, the switch actuator 32 activates the front lamp 13 from the neutral position [off], the first momentary position [on], and the second momentary position [on]);
deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position (as seen in col.4, lines 50-56, the switch actuator 32 deactivates the front lamp 13 from the second momentary position [on] to the neutral position [off]).
REED fails to disclose activating a front lamp… and a pair of side lamps… in response to a switch actuator rotating in a first rotational direction from a neutral position through a first momentary position to a second momentary position; activating the front lamp and the pair of side lamps in response to the switch actuator rotating in a second rotational direction from the neutral position through a first toggle position to a second toggle position; and maintaining the front lamp and the pair of side lamps in an active state while the switch actuator is in the second toggle position.
However, CONNOR discloses activating a lamp in response to a switch actuator (52, 54, Fig.5) rotating in a first rotational direction from a neutral position through a first momentary position to a second momentary position (as seen in Figs.4-9, the switch actuator 52, 54 has multiple momentary positions or states for activating the lamp in the first rotational position); activating the lamp in response to the switch actuator rotating in a second rotational direction from the neutral position through a first toggle position to a second toggle position (as seen in Figs.4-9, the switch actuator 52, 54 also has multiple toggle positions or states for activating the lamp in the second rotational direction).
Therefore, in view of CONNOR, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate multiple momentary positions and toggle positions as taught by CONNOR to the switch actuator of REED in order to provide an alternative switch actuator by rotation.
Regarding “activating a front lamp… and a pair of side lamps” and “and maintaining the front lamp and the pair of side lamps in an active state while the switch actuator is in the second toggle position”, as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and the pair of side lamps 26 in any desired pattern or sequence. It is well within one of ordinary skill in the art to provide different momentary positions for different lighting patterns. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate activating the front lamp and a pair of side lamps to the illumination device of REED modified by CONNOR in order to provide different lighting patterns.
Regarding claim 20, REED modified by CONNOR as discussed above for claim 19 further discloses activating the front lamp and the pair of side lamps in response to the switch actuator rotating in the second rotational direction from the neutral position through the first toggle position to the second toggle position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and the side lamps 26; as seen in Figs.4-9 of CONNOR, the switch actuator 52, 54 is rotated to activate the lamp from the neutral position [off], the first toggle position [on], and the second toggle position [on]);
deactivating the front lamp and the pair of side lamps in response to the switch actuator rotating in the first rotational direction from the second toggle position to the neutral position (as seen in Fig.4 of CONNOR, the switch actuator 52, 54 deactivates the lamp from the second toggle position [on] to the neutral position [off]);
activating the front lamp and the pair of side lamps in response to the switch actuator rotating in the first rotational direction from the neutral position through the first momentary position to the second momentary position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 activates the front lamp 13 and the side lamps 26 from the neutral position [off] to the first momentary position [on] and the second momentary position [on]; as seen in Figs.5-9 of CONNOR, the switch actuator 52, 54 is rotated); and
deactivating the front lamp and the pair of side lamps in response to the switch actuator returning to the neutral position from the second momentary position (as seen in col.4, lines 50-56 of REED, the switch actuator 32 deactivates the front lamp 13 and the side lamps 26 in the neutral position [off]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over REED (US 8,529,083) modified by CONNOR (US 2017/0268849), and in view of JACKSON (US 2015/0262769).
Regarding claim 21, REED modified by CONNOR fails to disclose providing haptic feedback in response to the switch actuator reaching the first momentary position.
However, JACKSON discloses providing haptic feedback in response to a switch actuator rotating to a first toggle position (as seen in para[0043], the switch actuator 208 is rotated with haptic feedback).
Therefore, in view of JACKSON, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate haptic feedback as taught by JACKSON to the switch actuator of REED modified by CONNOR in order to provide feedback to the user of operating the switch actuator.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20110314720, US 20190086040, US 20100321931, and US 20160102943 discloses activating a lamp by rotation
Conclusion
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/J.M.E/Examiner, Art Unit 2875
/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875